[Federal Register Volume 88, Number 142 (Wednesday, July 26, 2023)]
[Rules and Regulations]
[Pages 48136-48137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15818]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 220523-0119; RTID 0648-XD185]


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries; Harpoon Category Quota Transfer

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; quota transfer.

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SUMMARY: NMFS is transferring 10.8 metric tons (mt) of Atlantic bluefin 
tuna (BFT) quota from the Reserve category to the Harpoon category. 
With this transfer, the adjusted Harpoon category quota for the 2023 
fishing season is 70 mt. The 2023 Harpoon category fishery is open 
until November 15, 2023, or until the Harpoon category quota is 
reached, whichever comes first. This action is intended to provide 
further opportunities for Harpoon category fishermen, based on 
consideration of the regulatory determination criteria regarding 
inseason adjustments and applies to Atlantic Tunas Harpoon category 
(commercial) permitted vessels.

DATES: Effective July 21, 2023, through November 15, 2023.

FOR FURTHER INFORMATION CONTACT: Becky Curtis, [email protected], 
301-427-8503, Larry Redd, Jr., [email protected], 301-427-8503, and 
Ann Williamson, [email protected], 301-427-8503.

SUPPLEMENTARY INFORMATION: Atlantic highly migratory species (HMS) 
fisheries, including BFT fisheries, are managed under the authority of 
the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.) and the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act; 16 U.S.C. 1801 et seq.). The 2006 Consolidated Atlantic 
HMS Fishery Management Plan (FMP) and its amendments are implemented by 
regulations at 50 CFR part 635. Section 635.27 divides the U.S. BFT 
quota recommended by the International Commission for the Conservation 
of Atlantic Tunas (ICCAT) and as implemented by the United States among 
the various domestic fishing categories, per the allocations 
established in the 2006 Consolidated HMS FMP and its amendments. NMFS 
is required under the Magnuson-Stevens Act to provide U.S. fishing 
vessels with a reasonable opportunity to harvest quotas under relevant 
international fishery agreements such as the ICCAT Convention, which is 
implemented domestically pursuant to ATCA.
    The baseline quotas for the Harpoon and Reserve categories are 59.2 
mt and 38.2 mt, respectively. The 2023 Harpoon category fishery opened 
June 1, and is open through November 15, 2023, or until the Harpoon 
category quota is reached, whichever comes first. In this action, NMFS 
is transferring 10.8 mt from the Reserve category to the Harpoon 
category. This transfer results in 70.0 mt (59.2 mt + 10.8 mt = 70.0 
mt) being available for the Harpoon category through November 15, 2023, 
or until the Harpoon category quota is reached, whichever comes first. 
This transfer also results in 27.4 mt (38.2 mt-10.8 mt = 27.4 mt) being 
available in the Reserve category through the remainder of the 2023 
fishing year.

Transfer of 10.8 mt From the Reserve Category to the Harpoon Category

    Under Sec.  635.27(a)(8), NMFS has the authority to transfer quota 
among fishing categories or subcategories after considering the 
determination criteria provided under Sec.  635.27(a)(7). NMFS has 
considered all of the relevant determination criteria and their 
applicability to this inseason quota transfer. These criteria include, 
but are not limited to, the following:
    Regarding the usefulness of information obtained from catches in 
the particular category for biological sampling and monitoring of the 
status of the stock (Sec.  635.27(a)(7)(i)), biological samples 
collected from BFT landed by Harpoon category fishermen and provided by 
BFT dealers continue to provide NMFS with valuable parts and data for 
ongoing scientific studies of BFT age and growth, migration, and 
reproductive status. Additional opportunity to land BFT in the Harpoon 
category would support the continued collection of a broad range of 
data for these studies and for stock monitoring purposes.
    NMFS considered the catches of the Harpoon category quota to date 
and the likelihood of closure of the Harpoon category if no adjustment 
is made (Sec.  635.27(a)(7)(ii) and (ix)). To date, preliminary 
landings data indicate that the Harpoon category has landed 
approximately 55 mt. Without a quota transfer at this time, NMFS would 
likely need to close the Harpoon category fishery and participants 
would have to stop BFT fishing activities while commercial-sized BFT 
remain available in the areas where Harpoon category permitted vessels 
operate. A quota transfer of 10.8 mt would provide limited additional 
opportunities to harvest the U.S. BFT quota while avoiding exceeding 
it.
    Regarding the projected ability of the vessels fishing under the 
Harpoon category to harvest the additional amount of BFT quota 
transferred before the end of the fishing year (Sec.  
635.27(a)(7)(iii)), NMFS considered Harpoon category landings over the 
last several years and landings to date this year. Landings are highly 
variable and depend on access to commercial-sized BFT and fishing 
conditions, among other factors. NMFS anticipates that the Harpoon 
category could harvest the transferred 10.8 mt prior to the end of the 
Harpoon category season, subject to weather conditions and BFT 
availability. NMFS may transfer unused Harpoon category quota to other 
quota categories, inseason, based on consideration of the determination 
criteria, as NMFS did in late 2022. Thus, this quota transfer would 
allow fishermen to take advantage of the availability of BFT on the 
fishing grounds and provide a reasonable opportunity to harvest the 
available U.S. BFT quota.
    NMFS also considered the estimated amounts by which quotas for 
other gear categories of the fishery might be exceeded (Sec.  
635.27(a)(7)(iv)) and the ability to account for all 2023 landings and 
dead discards. In the last several years, total U.S. BFT landings have 
been below the available U.S. quota such that the United States has 
carried forward the maximum amount of underharvest allowed by ICCAT 
from one year to the next. While NMFS does not yet have final estimates 
of 2022 landings and dead discards, NMFS anticipates having sufficient 
quota to account for landings and dead discards within the adjusted 
U.S. quota, consistent with ICCAT recommendations.
    NMFS also considered the effects of the adjustment on the BFT stock 
and the effects of the transfer on accomplishing the objectives of the 
FMP (Sec.  635.27(a)(7)(v) and (vi)). This transfer would be consistent 
with established quotas and subquotas, which are implemented consistent 
with ICCAT Recommendation 22-10, ATCA, and the objectives of the 2006 
Consolidated HMS FMP and amendments. In establishing these quotas and 
subquotas and associated management measures, ICCAT and NMFS considered 
the best scientific information available, objectives for stock 
management and status, and effects on the stock. This quota transfer is 
in line with the established management measures and

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stock status determinations. Another principal consideration is the 
objective of providing opportunities to harvest the available Harpoon 
category quota without exceeding the annual quota. This consideration 
is based on the objectives of the 2006 Consolidated HMS FMP and its 
amendments, and includes achieving optimum yield on a continuing basis 
and optimizing the ability of all permit categories to harvest 
available BFT quota allocations (related to Sec.  635.27(a)(7)(x)).
    Given these considerations, NMFS is transferring 10.8 mt of the 
available 38.2 mt of Reserve category quota to the Harpoon category. 
Therefore, NMFS adjusts the Harpoon category quota to 70 mt for the 
2023 Harpoon category fishing season (i.e., through November 15, 2023, 
or until the Harpoon category quota is reached, whichever comes first), 
and adjusts the Reserve category quota to 27.4 mt for the remainder of 
the 2023 fishing year.

Monitoring and Reporting

    NMFS will continue to monitor the BFT fishery closely. Dealers are 
required to submit landing reports within 24 hours of a dealer 
receiving BFT. Late reporting by dealers compromises NMFS' ability to 
timely implement actions such as quota and retention limit adjustments, 
as well as closures, and may result in enforcement actions. 
Additionally, and separate from the dealer reporting requirement, 
Harpoon category vessel owners are required to report their own catch 
of all BFT retained or discarded dead within 24 hours of the landing(s) 
or end of each trip, by accessing https://www.hmspermits.noaa.gov or by 
using the HMS Catch Reporting app, or calling (888) 872-8862 (Monday 
through Friday from 8 a.m. until 4:30 p.m.).
    Depending on the level of fishing effort and catch rates of BFT, 
NMFS may determine that additional adjustments are necessary to ensure 
available quota is not exceeded or to enhance scientific data 
collection from, and fishing opportunities in, all geographic areas. If 
needed, subsequent adjustments will be published in the Federal 
Register. In addition, fishermen may access https://www.hmspermits.noaa.gov, for updates on quota monitoring and inseason 
adjustments.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act and regulations at 50 CFR part 635 and is exempt from 
review under Executive Order 12866.
    The Assistant Administrator for NMFS (AA) finds that pursuant to 5 
U.S.C. 533(b)(B), there is good cause to waive prior notice and 
opportunity to provide comment on this action, as notice and comment 
would be impracticable and contrary to this action for the following 
reasons. Specifically, the regulations implementing the 2006 
Consolidated HMS FMP and amendments provide for inseason retention 
limit adjustments to respond to the unpredictable nature of BFT 
availability on the fishing grounds, the migratory nature of this 
species, and the regional variations in the BFT fishery. Providing 
prior notice and opportunity for public comment on this quota transfer 
to the Harpoon category for the remainder of 2023 is impracticable and 
contrary to the public interest as the Harpoon category fishery is 
currently underway. Based on Harpoon category catch rates, a delay in 
this action would likely result in closure of the Harpoon fishery when 
the baseline quota is met and the need to re-open the fishery, with 
attendant administrative costs and costs to the fishery. NMFS could not 
have proposed this action earlier, as it needed to consider and respond 
to updated landings data, in deciding to transfer a portion of the 
Reserve category quota to the Harpoon category quota. A delay in 
implementing this quota transfer would preclude the fishery from 
harvesting BFT that are available on the fishing grounds and that might 
otherwise become unavailable during a delay. This action does not raise 
conservation and management concerns. Transferring quota from the 
Reserve category to the Harpoon category does not affect the overall 
U.S. BFT quota, and available data show the adjustment would have a 
minimal risk of exceeding the ICCAT-allocated quota. NMFS notes that 
the public had an opportunity to comment on the underlying rulemakings 
that established the U.S. BFT quota and the inseason adjustment 
criteria.
    For all of the above reasons, the AA finds that pursuant to 5 
U.S.C. 553(d), there is good cause to waive the 30-day delay in 
effective date.
    Authority: 16 U.S.C. 971 et seq. and 1801 et seq.

    Dated: July 21, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-15818 Filed 7-21-23; 4:15 pm]
BILLING CODE 3510-22-P